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  • Szymanski v. Truist Bank

    Publication Date: 2024-07-29
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: John Autry, (Blaine A. Norris, PC d/b/a Norris Law), Athens, for appellant.
    for defendant: Alexandria Capers, (Hayt Hayt Landau, P.L.), Atlanta, for appellee.
    Case Number: A24A0502

    Court rules that a judgment and fi.fa. on a debt had become dormant because bank failed to comply with OCGA § 9-12-60 (a) (3), and reverses denial of debtor's motion to vacate

  • Arroyo v. The State

    Publication Date: 2024-07-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Noah Pines, (Ross & Pines, LLC), Atlanta, for appellant.
    for defendant: Shalena Jones, (Eastern Judicial Circuit), Savannah, Mitchell Mobley, (Chatham County District Attorney’s Office), Savannah, for appellee.
    Case Number: A24A0483

    Court affirms rape conviction over defendant's contentions of jury instruction error regarding consent, insufficiency of evidence, and ineffective assistance of counsel

  • Troupe v. State

    Publication Date: 2024-07-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: James Mitchell, (Attorney at Law), Augusta, James Mitchell, (J Todd Mitchell Law Firm, LLC), Augusta, for appellant.
    for defendant: Joshua Smith, Jared Williams, (District Attorney’s Office Augusta Judicial Circuit), Augusta, for appellee.
    Case Number: A24A0065

    Court reverses a resentencing order due to improper use of rejected plea admissions in a case involving new charges brought against a defendant who was already serving a probated sentence

  • State v. Jones

    Publication Date: 2024-06-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Keith Gammage, Steven Rosenberg, (Fulton County Solicitor General), Atlanta, for appellant.
    for defendant: Iqukema Jones, Atlanta, for appellee.
    Case Number: A24A0558

    Court reverses dismissal of traffic offenses, where dismissal was based on the statute of limitations, due to miscalculation of COVID-19 tolling period

  • State v. Mrozowski

    Publication Date: 2024-06-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: John Fitzner, Aaron Palmer, (Middle Judicial Circuit District Attorney’s Office), Swainsboro, Jamey Sherrod, (Office of the District Attorney For Middle Judicial Circuit of Georgia), Lyons, for appellant.
    for defendant: Brandi Payne, (Middle Circuit Public Defenders Office), Swainsboro, for appellee.
    Case Number: A24A0331

    Court affirms suppression of evidence in police encounter lacking probable cause for a stop and the subsequent escalation of the encounter to a second tier

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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Miller v. Dolgencorp, LLC

    Publication Date: 2024-05-20
    Practice Area: Civil Procedure | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A24A0547

    Court vacates summary judgment order because trial court did not conduct an oral argument, notwithstanding plaintiff's timely request for an oral hearing

  • Wells v. The State

    Publication Date: 2024-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A24A0375

    Court affirms rape conviction over defendant's challenge to sufficiency of evidence and claim of error in denying a mistrial over admission of potentially prejudicial testimony from an investigator

  • Holt et al. v. Glenwood Operating Company, LLC

    Publication Date: 2024-04-25
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Brian Parker, (The Parker Firm, LLC.), Alpharetta, Irwin Ellerin, (Ellerin Law Firm), Atlanta, Stephen McElwee, (Wells & McElwee), Athens, for appellant.
    for defendant: Craig Brookes, Brian Mathis, (Huff Powell Bailey, LLC), Atlanta, Karen Smiley, (Hanks Brookes LLC), Atlanta, for appellee.
    Case Number: A23A1435

    Court affirms summary judgment in favor of a nursing facility on appellants' claims for ordinary negligence and professional negligence

  • State v. De La Paz

    Publication Date: 2024-04-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Carlton Hayes, David McElyea, (Cherokee County Solicitor-General’s Office), Canton, for appellant.
    for defendant: Jeffery Dickerson, (Attorney at Law), Kennesaw, for appellee.
    Case Number: A23A1769

    Court affirms suppression of drug test results because an underlying warrant was specifically limited to alcohol testing with no mention of testing for drugs

  • McGhee v. Publix Super Markets, Inc.

    Publication Date: 2024-04-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Alexander Repasky, (Attorney At Law), Marietta, for appellant.
    for defendant: Robert Marcovitch, (Sinton Scott Minock & Kerew), Atlanta, Stephen Sparwath, (Bendin, Sumrall & Ladner, LLC), Atlanta, for appellee; Akins Doherty, (The Doherty Law Firm), Atlanta, for other party.
    Case Number: A23A1291

    Court affirms dismissal or professional malpractice claim against dispensing pharmacy for failure to include an expert affidavit, but reverses dismissal against supervising physician